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UNITED STATES v. EARNHARDT

No. 8866.

153 F.2d 472 (1946)

UNITED STATES v. EARNHARDT.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 26, 1946.

Attorney(s) appearing for the Case

Walter W. Duft, William McKinley, and Paul E. Price, all of Chicago, Ill., for appellant.

B. Howard Caughran and Paul A. Pfister, U. S. Atty., both of Indianapolis, Ind., for appellee.

Before SPARKS, MAJOR and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Appellant and another were found guilty by a jury on eleven counts of an indictment charging use of the United States mails in furtherance of a scheme to defraud, in violation of § 215 of the Criminal Code, 18 U.S.C.A. § 338; violation of § 17 of the Securities Act of 1933, 15 U.S. C.A. § 77q; and conspiracy to violate the two statutes. Appellant was sentenced to five years imprisonment and ordered to pay a fine of $1,000...

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